3.70.120 Work Stoppage Prohibited [STRIKES]

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3.70.120 Work stoppage prohibited [STRIKES]. A. Employees may not engage in strikes, slow downs or intentional work disruptions. Upon a finding by the mayor that employees are engaging or about to engage in a strike or other activity prohibited by this chapter, the municipal attorney may petition to the Superior Court for an injunction, restraining order, or such other order as may be appropriate. B. Prohibited acts by employees and employee representatives. No employee, employee organization, bargaining representative, labor union, association or officer thereof shall engage in, cause, instigate, encourage or condone a strike, slowdown, walkout or other form of voluntary unauthorized work disruption [COLLECTIVE WORK ACTION] against the municipality. [REGARDING ANY SERVICE SPECIFIED IN SECTION 3.70.110.A.1. NO SUCH PERSON OR ORGANIZATION SHALL TAKE SUCH ACTION WITH RESPECT TO SERVICES SPECIFIED IN SECTION 3.70.110.A.2 OR A.3 PRIOR TO COMPLETION OF THE PROCESS DESCRIBED IN SECTION 3.70.110.C OR THEREAFTER, IF THE COURT DETERMINES THAT SUCH ACTION HAS BEGUN TO THREATEN THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC.] The municipality shall not engage in a lockout or other procedure designed to prevent willing employees from working. No party shall cause, instigate or encourage a strike by refusing to bargain in good faith over mandatory subjects as defined in this Code. C. [B] Prohibited acts by supervisory personnel. No person exercising on behalf of the municipality any authority, supervision or direction over an employee may authorize, approve, condone or consent to a strike, slowdown, walkout or other form of voluntary unauthorized work disruption by employees. [C. BOARD DETERMINATION REGARDING ILLEGAL STRIKES. AT ANY TIME THAT THE BOARD IS NOTIFIED OF AN ILLEGAL STRIKE, THE BOARD SHALL CONVENE AS SOON AS POSSIBLE TO DETERMINE THE EXISTENCE OF SUCH STRIKE. THE BOARD SHALL GIVE NOTICE TO THE EMPLOYER AND THE BARGAINING REPRESENTATIVE FOR THE BARGAINING UNIT OF THEIR RIGHT TO APPEAR AND BE HEARD IN THE COURSE OF THE BOARD'S DETERMINATION. IF THE BOARD DETERMINES THAT AN ILLEGAL STRIKE IS OR HAS OCCURRED THE BOARD MAY APPLY TO THE SUPERIOR COURT FOR AN ORDER ENJOINING THE STRIKE.] D. Violations. An employee who violates the prohibitions contained in this section shall be subject to appropriate disciplinary action, which may include immediate discharge from employment. E. Loss of pay. No compensation shall be paid by the municipality to any employee with respect to any day or part thereof when such employee was engaged in a strike or other work action prohibited under this chapter. (AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1)) .

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